HomeMy WebLinkAboutR-1494 - Granting a variance under MMC 14.32.060 for the Gary Graber property located West of Highway 99, East of I-5, in the 2900 block of 193rd Street NE ArlCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.)'-fCfY
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE UNDER MMC 14.32.060 FOR THE GARY GRABER
PROPERTY LOCATED WEST OF HIGHWAY 99,EAST OF INTERSTATE
5,IN THE 2900 BLOCK OF 193RD STREET N.E.,ARLINGTON,
WASHINGTON.
WHEREAS,GARY GRABER,the applicant,has applied for a
variance pursuant to MMC 14.32.060(D),allowing a water connec-
tion without sewer connection for the property located west of
Highway 99,east of Interstate 5,in the 2900 block of 193rd
Street N.E.;and
WHEREAS,a pUblic hearing on the variance application was
held by the City Council on July 22,1991,which was continued to
August 12,1991;and
WHEREAS,the City Council entered the following findings of
fact:
1.Mr.Graber has submitted a letter from the city of
Arlington dated August 1,1991,reflecting no objection to the
extension of water service by the City of Marysville to the
applicant's property.Said letter is incorporated herein by this
reference.
2.There are exceptional or extraordinary circumstances or
conditions applying to the subject property which do not apply
generally to other properties in the same vicinity;namely,that
the placement of a house or duplex and a drainfield that meets
the 100-foot setback requirement from any source of pollution
would prohibit the drilling of a separate well on the property.
Also,the particular lot is surrounded by other homes with septic
systems.
3.Without a water hookup,the lot is not buildable and,
as SUCh,the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant
possessed by the owners of other properties in the same vicinity.
4.The authorization of the variance will not be materi-
ally detrimental to the pUblic interest,welfare or the environ-
ment since the variance would allow safe water and the construc-
tion of affordable housing.
RESOLUTION - 1
5.The granting of the variance will not be inconsistent
with the long-range plans of the city utility system or jeopar-
dize utility availability for properties within the City limits,
particularly since the city's long-range plans include a water
transmission pipeline which will provide for greater capacity in
the area.'
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS:
A variance for the applicant's connection to the city water
system without city sewer is hereby granted to the applicant for
the property located west of Highway 99,east of Interstate 5,in
the 2900 block of 193rd Street N.E.This variance is subject to
the following conditions:
1.The applicant must comply with all requirements for
water connections.
2.This variance shall become void if the water connection
is not completed within six months of August 12,1991,as
provided by MMC 14.32.060(b).
3.The applicant shall sign a covenant agreeing not to
protest the annexation of the subject property to city limits of
the city of Marysville.
4.The applicant shall be required to construct an 8-inch
water main to service the property,with hydrants to be provided
along an easement on the north boundary of said property in
accordance with city requirements.
Any party aggrieved by this resolution shall have the right
to file an application for a writ of Certiorari in Snohomish
County Superior Court;PROVIDED,that the application must be
filed and served within 20 days of the date of this resolution.
PASSED by the city Council and APPROVED by the Mayor this
26th day of August,1991.
CITY OF MARYSVILLE
BY~~~7 YOR
Attest:
BY:~~~~,j).CITY CLERK
Approved a:t:fOrm:
By:~..rK.h/~
CITY ATTORNEY
RESOLUTION - 2